TM Mile Creek Phase 3 Apartments Water Main Easement No.1 ESMT-2022-0209 (2022-072455) ADA COUNTY RECORDER Phil McGrane 2022-072455
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/17/2022 09:16 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0209 Ten Mile Creek Phase 3 Apartments
Water Main Easement No. 1
WATER MAIN EASEMENT
THIS Easement Agreement, made this 16th day of Auigust , 20 22 between SCS Brighton Altair LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water mains
over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Version 01/01/2020
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: SCS BRIGHTON ALTAIR LLC
By: Brighton Corporation,an Idaho corportaion
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Robert L. Phillips, President
STATE OF IDAHO )
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County of Ada )
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On this I ' day of August, 2022, before me a Notary Public of said State, personally appeared Robert
L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of SCS
Brighton Altair LLC, the Company that executed the instrument or the person who executed the
instrument on behalf of said Company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first written above. - LLA—L
AZA_4_�
(stamp) Notary Signature
My Commission Expires: -�-
SHAM VAUGHAN
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Water Main Easement Version 0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 8-16-2022
Attest by Chris Johnson, City Clerk 8-16-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature 3-28-2028
My Commission Expires:
Water Main Easement Version 01/01/2020
EXHIBIT A
Description for
City of Meridian Utility Easement
Ten Mile Creek Apartments Subdivision
A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., R.1W., Boise Meridian, City of
Meridian, Ada County, State of Idaho, being more particularly described as follows:
Commencing the W1/16 corner of said Section 14 from which the N1/4 corner of said
Section 14 bears South 89009'27" East 1329.00 feet;thence South 60000'04" East, 818.33 feet to
the REAL POINT OF BEGINNING;
thence South 89026'24" East, 20.00 feet;
thence South 00033'41" West, 38.60 feet;
thence South 44026'18" East, 47.05 feet;
thence South 89026'19" East, 33.08 feet;
thence South 00033'41" West, 20.00 feet;
thence North 89026'19"West, 41.37 feet;
thence North 44026'18" West, 63.61 feet;
thence North 00033'41" East, 46.89 feet to the REAL POINT OF BEGINNING.
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